Supreme Court of Arkansas
Gary Martin v. State of Arkansas
May 17, 2018545 S.W.3d 763
Summary
The court affirmed the denial of Martin's motion for postconviction DNA testing. Testing the hair attributed to an accomplice would not significantly advance Martin's actual-innocence claim, and the remaining requested evidence was subject to the statutory presumption against untimeliness because the evidence and requested methods were available at trial. The court also held that no evidentiary hearing was required because the petition and record conclusively showed that Martin was not entitled to relief. Chief Justice Kemp, dissenting, would have required a hearing, and Justice Wynne, dissenting in part, would have required a hearing concerning the evidence other than the hair attributed to the accomplice.